This Agreement sets forth the general terms and conditions of your use of the Company’s website and any of its products or services (collectively, "Website" or "Services"). These terms and conditions constitute a legally binding agreement for both parties. You agree that by accessing the site, you are deemed to have read, understood and agree to be bound by all of these terms and conditions. If u do not agree with all these terms and conditions, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes and modifications to these terms and conditions at any time and for pertinent reason.
We will alert you about any changes by updating the “last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any Revised Terms and Conditions by your continued use of the site after the date such Revised Terms and Conditions are posted.
The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
In these Terms & Conditions, we refer to users contributing funds as “Subscribers.” Other users of the Service and visitors to the Site are referred to collectively as “Users.” Information about happenings and progress reports on the estates are referred to as “Updates”. A “Cycle” refers to a complete building project from building to completion and sales.
Estatevest is a property investment scheme where members of the public subscribe to investment plans and earn returns at the end of a cycle. The investment is packaged into units valued at four different prices. You may choose to subscribe to one investment unit or to multiple units, which shall constitute your Investment Sum.
The Standard package involves investing the sum of One Hundred Thousand Naira and earning returns on investment in the sum of One Hundred and Thirty Five Naira after 12 Months.
The Bungalow package involves investing the sum of Two Hundred and Fifty Thousand Naira and earning returns on investment in the sum of Three Hundred and Fifty Thousand Naira only after 12 months
The penthouse package involves investing the sum of Five Hundred Thousand Naira only and earning returns in the sum of Seven Hundred and Ten Thousand Naira only after 12 months
The Mansion package involves investing the sum of One Million Naira only and earning returns in the sum of One Million, Four Hundred and Fifty Thousand naira only
Interest on Investment Sum
The Investment Sum together with the interest shall be paid at the maturity date.
Duration of Investment
The Investment shall be for a maximum period of Twelve months from the date we receive the Investment Sum. You are at liberty to subscribe at different times within the investment window. Each Investment Sum shall be treated separately and the maturity date calculated from the date we receive the Investment Sum.
Early Termination of Investment
As an investor, you shall be at liberty to terminate your investment only within 7 days of making payment after which the sum invested is made non-refundable till the maturity date. Such early termination shall, however, be subject to an administrative charge of 5% of the Investment Sum. Alternatively, you may transfer the investment to any interested 3rd party, who will then take over your Account and be registered. A minimum notice period of three (3) working days must be given before early termination can take effect. Early termination of the investment terminates the payment of interest on the Investment Sum. You may choose to subscribe to one housing unit or to multiple housing units, which shall constitute your Homes.
Once you subscribe on the Website, you will be required to choose your mode of payment either through card or online transfer. You will also have the option to choose from. Payment for your subscription may be done through the payment options provided on the website, or manually such as POS, online transfer, cheques e.t.c. Where the payment is done manually, the details shall be uploaded on the website. By subscribing to the payment options provided on the website, you authorize the access to your account information as may be required. Sensitive and private data exchange between the Website and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. We may attempt to notify you of any development by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Termination by Death
In the event of death of a Subscriber, the next of kin shall notify the Company with the death certificate issued by a credible and certified hospital, as well as the grant of Probate or Letters of Administration in favour of the next of kin or other beneficiaries.
The beneficiaries of the estate of a deceased Subscriber shall have the following options:
Effect a change of ownership, at no extra cost, and continue the payment for the apartment till completion; or
Where payment for the apartment has already been completed by the deceased Subscriber, effect a change of ownership, at no extra cost; or
Apply for termination of the subscription, in which case the rules relating to termination/request for refunds will apply;
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or on any related Service is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. When you access the site(or our mobile application), Your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies and they can be rendered ineffective by declining all cookies or by modifying your web browser settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the company will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Accounts and membership
You must be at least 18 years of age to use this Website or patronizing any of the products or services listed herein. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. All users who are minors in the jurisdiction in which they reside(generally under 18 years) must have the permission of and directly supervised by, their Parent or Guardian to use the site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the site. If you create an account on the Website, you are responsible for maintaining the security of your account login details and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by the company or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the company. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of the company our licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any of the company or third-party trademarks. The content and marks are provided on the site for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the site and no part of the content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using this site, you represent and warrant that:
All registration information you submit will be true, accurate, current and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with The terms and Conditions
Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site.
You will not access the site through a non-human or automated means, whether through a bot, script or otherwise.
You will not use the site for any illegal or unlawful and unauthorized purposes
Your use of the site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, incorrect or incomplete, we have the right to suspend or terminate your account and refuse any and all current and future use of the site.
You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
GUIDELINES FOR REVIEWS
We may provide you areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria
Your review should not contain offensive profanity, or abusive racist, offensive or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You shall not post any false or misleading statements.
We reserve the right, but not the obligation to:
Monitor the site for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable(to the extent technologically feasible) any of your contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems;
Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will The company Properties Limited, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if The company Properties Limited has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of The company Properties Limited and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to The company Properties Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold The company Properties Limited and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
OPTION 1: Any legal action of whatever nature brought by either you or us( collectively, the “Parties” and individually, a “party” shall be commenced or prosecuted in the state and Federal Courts located in Lagos State of Nigeria and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
OPTION 2: INFORMAL NEGOTIATIONS
To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms and conditions (Each a “Dispute” and collectively, the “DISPUTES”) brought by either you or us( individually, a “party” and collectively, the “parties”), the parties agree to first attempt to negotiate any Dispute ( Except those Disputes expressly provided below) informally for at least 7 days before initiating the arbitration. Such informal negotiations commence upon written notice from one party to the other party.
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT UPON THE EMERGENCE OF A DISPUTE.
The arbitration shall be commenced and conducted under the Arbitration and Conciliation Act, 2004 and Arbitration Law of Lagos State, 2009.
Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Lagos State of Nigeria, and the parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law:
No arbitration shall be joined with any other proceeding
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither party will erect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the Lagos state jurisdiction, and the parties agree to submit to the personal jurisdiction of that court.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
Withholding Tax Charge
The interest payable in the Investment Sum at the maturity date of your investment or upon early termination of the same shall be chargeable to withholding tax in line with the provisions of the Withholding Tax Act Cap. C21 Laws of the Federation of Nigeria 2004.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Office Address: 2, Tade Street, Off Lateef Jakande Road, Agidingbi, Ikeja, Lagos
Email Address: email@example.com
Phone number: 09040004111, 090555551550